Surrogacy in Queensland

Posted on 10 August 2022

Surrogacy in Queensland: How does it work

It is illegal in Queensland to enter into commercial surrogacy arrangements. Only altruistic surrogacy arrangements are allowed. This means you cannot pay a surrogate mother, or a birth mother cannot carry a child and request you pay a sum of money for the baby.  

You cannot advertise for any surrogacy arrangement whether you are looking to be the birth mother or you are the intended mother. 

The only exception to making any financial contribution is reasonable costs such as medical costs for the pregnancy ETC. 

Who can enter into a surrogacy arrangement?

Any person, regardless of their relationship status, can enter into a non-commercial surrogacy arrangement in Queensland. 

If you are the intended parent(s), you: 

• Maybe married, a de facto couple, or single 
• Do not need a genetic connection to the baby or birth mother, 
• May use any method for conception, such as in-vitro fertilisation, artificial insemination, self-insemination, or natural conception. 

Timeframe

You can only make a surrogacy arrangement before the birth mother becomes pregnant. 

Apply to be the child's Legal parents

Obtaining a Parentage Order in Queensland 

Intended parents will need to apply in the Childrens Court of Queensland for a Parentage Order. For the Childrens Court of Queensland to be satisfied, the intended parents will need to: 

• Apply no less than 28 days after the child is born, but no later than 6 months after the child is born. This rule applies unless leave is granted by the court. 
• Demonstrate to the court that a Parentage Order is in the best interests of the child that the commissioning parents become the child’s legal parents. 
• Demonstrate to the court that the child: 

​               (a) has resided with the intended parents for at least 28 consecutive days before applying for a parentage order, and,  

               ​(b) is living with them when they applied, and,  

               ​(c) is living with them at the time of the hearing.   

• There is a medical or social need for the surrogacy arrangement. The intended mother will need to be assessed by a Medical Practitioner.  
• The surrogacy arrangement is made after all parties obtain independent legal advice, and have obtained appropriate counselling about surrogacy, and the impacts of surrogacy arrangements. (This will include the birthing mother’s partner if appropriate).  
• The arrangement is made before conception, is in writing, and signed by all parties.  
• All parties are over 25 years old.  
• The intended parents reside in Queensland.  
• All parties consent to a parentage order being made at the time of the hearing.  
• The birthing mother has registered the child’s birth.   
• If the birthing mother has a partner, or there is another birth parent involved they have formed part of the arrangement.  

Documents to be provided to the Children’s Court of Queensland at the time of applying

The documents required when applying are: 

• A copy of the child’s birth certificate. 
• A copy of the surrogacy arrangement. 

Sworn affidavits by: 

• The intended parents, 
• The birthing mother, (and the other birth parent if any), 
• The lawyers who have provided legal advice before the surrogacy arrangement was made. 
• The qualified counsellors who provided counselling to all parties before the arrangement was made. This can be a counsellor who gave counselling jointly to the intended parents. 
• The suitably qualified counsellor who for the purpose of the application, interviewed the parties, and provided a surrogacy guidance report. 
• The medical practitioner who verified a report as to why the intended mother is an eligible woman. 

Court Decides to Make a Parentage Order 

If you are the intended parents and the court grants a parentage order it means the birth parent(s) no longer have a legal parental relationship with your baby and you are now your baby’s legal parents. You will need to register the parentage order with the Registry of Births, Deaths, and Marriages and have your baby’s birth certificate changed to show you as the parents. 

Remember a birthing mother has the right to change her mind and not support the making of a parentage order before the court makes a final determination. 

Remember always to seek legal advice before entering into any agreement is advisable. 

This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.